Authority to declare independence derives from the people being governed.

Evidence

We, therefore, the representatives of the United States of America, in General Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name and by the authority of the good people of these colonies solemnly publish and declare, That these United Colonies are, and of right ought to be, FREE AND INDEPENDENT STATES; that they are absolved from all allegiance to the British crown and that all political connection between them and the state of Great Britain is, and ought to be, totally dissolved; and that, as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and do all other acts and things which independent states may of right do. — Thomas Jefferson, Declaration of Independence, 41

Categorization

• DEFINE: States the operative legal effect: a claim of right rather than a mere assertion of fact.
• XREF: The resolution clause is the textual anchor for all later constitutional claims to sovereignty.